Legal Question in Landlord & Tenant Law in California

Re: demurrer

You cannot appeal a demurrer ruling. A motion to quash would not be appropriate.

Re: demurrer

I would be careful with any pre-trial motions at this point. The judge made it pretty clear that on the pleadings, he feels that this case should go forward to trial. In general, UD matters are entitled to speedy trial setting, and the argument regarding the notice validity, now that it has been denied on demurrer, is one for trial. I'd suggest that you would be better setting the matter for trial and making your argument there. Is there a reason you don't want to set this matter for trial? As a matter of law, the issue of the the validity of the amount due on the face of the notice is not one that can be decided in pre-trial motions, it is a question of fact to be decided by the trier of the case upon further testimony and evidence.

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